Supreme Court Weekly Round- Up

Modification Of Sentence From Life Imprisonment To 20-Yr RI Not Enhancement, But Reduction

Reiterating that life imprisonment means imprisonment for full life and not for 14 years, the Supreme Court observed that modification of sentence to life imprisonment to 20-year rigorous imprisonment is not enhancement, rather reduction of sentence, and hence no notice is required to be given under Section 401 of the Code of Criminal Procedure.

 Sex With Minor Wife Is Rape, SC Reads Down Exception-2 To S.375 IPC

A two Judge Bench of Supreme Court held that sexual intercourse with minor (below 18 years)  wife is rape. Justice Deepak Gupta in his Judgment Clarified that Section 198(6) of the CrPC will apply to cases of rape of “wives” below 18 years, and cognizance can be taken only in accordance with the provisions of Section 198(6) of the Code.

 Just Because Accused Didn’t Confess, It Doesn’t Mean He Isn’t Cooperating With Probe

The Supreme Court, in Santosh vs The State Of Maharashtra, made an observation that merely because the accused did not confess, it cannot be said that he was not cooperating with the investigation.

Charge Sheets Filed In Any State Can Be Considered To Constitute ‘Continuing Unlawful Activity’ Under MCOCA

In an important judgment, the Supreme Court, in State vs Brijesh Singh @ Arun Kumar, held that the words ‘competent court’ in Section 2(d) of the MCOCA [Maharashtra Control of Organized Crime Act] is not restricted to courts in Delhi, and charge sheets filed in courts in other states can be taken into account for the purpose of constituting continuing unlawful activity.

There Cannot Be A Single Arbitration Reference For Disputes Arising Out Of Different Agreements

While disposing of arbitration requests pertaining to agreements between Gangavaram Port Ltd(GPL)., M/s Duro Felguera S.A, a Spanish company(DF) and Felguera Graus India Private Ltd.(FGI), the Supreme Court held that there cannot be a single arbitration reference for disputes arising out of different agreements, even if they are inter-linked to a single transaction.

SC Invokes ‘Inherent Powers’ To Dissolve Marriage Of District Judge Couple Who Have Been Living Separately For 17 Yrs

Invoking its inherent powers to do ‘complete justice’, the Supreme Court granted divorce to a district judge in West Bengal, whose wife, also a district judge, has been living separately for the past 17 years.

NCDRC Can’t Dismiss Complaint on Complainant’s Revision Plea For Enhanced Compensation

The Supreme Court, in setting aside an order of the National Consumer Disputes Redressal Commission (NCDRC), held that while considering a revision petition filed by the complainant praying for increase of compensation and payment of interest, it could not have dismissed the petition itself.

SC Introduces New System For Senior Designation, CJI-Headed Panel To Vet Applications

In a major effort to streamline and bring in transparency into the process of designating advocates as “seniors”, the Supreme Court on Thursday said henceforth all matters relating to it will be dealt preliminarily by a committee headed by the Chief Justice .

SC Refuses To Ban Prof. Kancha Ilaiah’s Book, Upholds Author’s Right To Freedom Of Speech & Expression

In a brief but significant order, Supreme Court of India on Friday dismissed a petition seeking ban of the book ‘Samajika Smugglurlu Komatollu’ written by Professor Kancha Ilaiah and further to ban chapter 9 of a book titled ‘Post-Hindu India’ and chapter 9 of ‘Hindutv-Mukt Bharat’.

 SC Expresses Shock Over Non-Release Of Undertrials Despite Recommendations

The Supreme Court bench of Justices Madan B.Lokur and Deepak Gupta, on Tuesday, expressed its shock and dismay over the revelation that a very large number of under trial prisoners are still languishing in prisons across the country, in complete violation of their rights under Article 21 of the Constitution.

SC Directs States To Implement Safety Guidelines In Schools & Ensure Students Don’t Suffer From Any ‘Phobia’

The Supreme Court, on Monday, directed States to implement the safety guidelines for schools, as circulated by the Centre, and ensure that the students feel safe in schools.

SC Tells NALSA To Form Panel To Draft Model Rules For Victim Compensation In Sexual Offences, Acid Attack Cases

The Supreme Court asked the National Legal Services Authority(NALSA) to set up a committee of about 4 or 5 persons who can prepare model rules for victim compensation for sexual offences and acid attacks.

Entry Of Women To Sabarimala Temple: Matter Referred To Constitution Bench

A Three Judge Bench of the Supreme Court on Friday referred the matter relating to the entry of women to Sabarimala Temple for the consideration of Constitution Bench.

Blue Whale: SC Tells Centre To Form Expert Panel

The Supreme Court on Friday directed the Centre to constitute an expert body to give a report and suggestions to curb suicide incidents arising due to Blue Whale game in the country.

SC Expects Centre Not To Deport Rohingya Refugees, Asks Petitioners To Seek Relief If required

The Chief Justice Dipak Misra-led bench of the Supreme Court on Friday just stopped short of staying the deportation of Rohingya refugees till it decided the petitions challenging the action but asked the Centre to strike a balance between national security and human rights of the refugees.

Judicial Exam Scam: SC Agrees To Hear P&H HC Registrar’s Plea Against His Suspension

The Supreme Court on Friday agreed to hear a petition filed by Dr. Balwinder Kumar Sharma, Registrar (recruitment) in Punjab and Haryana High Court (HC),  against full Bench’s decision suspending  him from service following the question paper leak in the Haryana Judicial  Service (Preliminary) Examination-2017.

SC Constitution Bench Hears Crucial Arguments On Euthanasia

Supreme Court’s Constitution Bench, on Tuesday, sought clarifications from the counsel on the legal and philosophical issues in legalizing euthanasia.   Prashant Bhushan, counsel for the petitioner, Common Cause, submitted that a robust system of certification is necessary to withdraw life support to terminally ill patients.  A person should be free to express in advance that if his or her condition is considered as a terminal state, then the option of putting him or her on ventilator must not be considered.

SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC

Less than three months after a Supreme Court bench has laid down guidelines  saying no arrest of husband and his family members till the charges are verified in the dowry harassment complaints under section 498 (A) of IPC, the Chief Justice of India (CJI) led Bench on Friday decided to revisit the two Judge Bench Judgment.

SC Notices On PIL On Skewed Representation Of STs In LS, State Assemblies Of Bengal, Sikkim

The Supreme Court on Friday issued notices to the Centre, Sikkim, West Bengal and the Election Commission on a PIL seeking proportional representation of the Scheduled Tribes in the Lok  Sabha and the respective legislative assemblies as per the mandate of Article 330 and 332 of the Constitution.